Brandy Nichole Crowe v. State ( 2019 )


Menu:
  • Order entered September 18, 2019
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-01544-CR
    BRANDY NICHOLE CROWE, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the Criminal District Court No. 6
    Dallas County, Texas
    Trial Court Cause No. F16-34211-X
    ORDER
    On June 20, 2019, appointed counsel Sharita Blacknall filed an Anders brief. She did
    not, however, file a motion to withdraw from representation. We notified Ms. Blacknall by
    telephone and by letter dated July 19, 2019 of the failure to file a motion to withdraw and
    directed her to file the same by July 29, 2019. To date, Ms. Blacknall has not filed a motion to
    withdraw or otherwise communicated with the Court regarding this appeal.
    We note that Ms. Blacknall has filed nine Anders briefs in appeals over past eight
    months; during that time, the Court has sent three letters, directing Ms. Blacknall to file a motion
    to withdraw, and has issued five orders, also ordering her to file a motion to withdraw from
    representation.
    “An Anders brief may not be filed without a motion to withdraw, as the sole purpose of
    an Anders brief is to explain and support the motion to withdraw.” In re Schulman, 
    252 S.W.3d 403
    , 404 (Tex. Crim. App. 2008). Therefore, we ORDER Sharita Blacknall to file a motion to
    withdraw in this appeal by SEPTEMBER 27, 2019.
    Should Ms. Blacknall fail to do so, the Court will take whatever action it deems
    appropriate including striking the Anders brief and ordering Ms. Blacknall removed from the
    case or abating the appeal for a hearing in the trial court to determine the adequacy of Ms.
    Blacknall’s representation and whether she should be referred to the State Bar of Texas
    Commission for Lawyer Discipline.
    /s/    ROBERT D. BURNS, III
    CHIEF JUSTICE
    

Document Info

Docket Number: 05-18-01544-CR

Filed Date: 9/18/2019

Precedential Status: Precedential

Modified Date: 9/19/2019